Insights Insights
  1. Amendments to WCRA leave Byrne in play

    1 September 2016 | Insurance & Health Law

    The Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 passed with amendment on 31 August 2016. As we previously reported, the majority of the Bill addresses the prescription of no-fault services for the...

  2. When can I require the claimant/plaintiff to undergo a further medical examination?

    25 August 2016 | Insurance & Health Law

    In White v Ducks in a Row Pty Ltd [2016] QDC 212 the defendant, who had the plaintiff undergo a medical examination during the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) pre-court proceedings, sought to have the plaintiff undergo a further...

  3. Are in-ground traffic lights for distracted pedestrians a red light for local governments?

    27 June 2016 | Insurance & Health Law

    Authorities around the world are becoming increasingly concerned about the distraction smartphones are causing for pedestrians. A recent study conducted by the Queensland University of Technology found that 30% of people admitted having a...

  4. Residential Occupiers: Safe as houses?

    22 June 2016 | Insurance & Health Law

    Until now, residential occupiers have generally been able to take comfort that they were not under an obligation to take remediating action against risks of which they were not, and ought not reasonably have been, aware. Two recent decisions of Schultz v...

  5. Comma sense: motor vehicle defect exclusion read down due to punctuation

    13 May 2016 | Insurance & Health Law

    The recent decision of Zhang v Popovic [2016] NSWSC 407 highlights the difficulties for insurers in enforcing policy exclusions in circumstances of ambiguity. Background On 16 September 2007 Cheng Nian Zheng (the plaintiff) suffered catastrophic injuries...

  6. Insurer not entitled to deny coverage for jet ski accident

    22 April 2016 | Insurance & Health Law

    The recent decision of the Supreme Court of the ACT in Whittington v Smeaton [2016] ACTSC 76 serves as a timely reminder of the breadth and application of Section 54 of the Insurance Contracts Act 1984 (Cth) (ICA). Background On 27 November 2010, the...

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